Federal White collar criminal defense

When people think of high-flying fancy lawyers like Harvey Specter from Suits, they usually envision a lawyer who swoops in to defend someone wrongfully accused of murder in a “who done it” scenario. In the real world, the best lawyers are often defending federal white collar criminal defendants.

What does it mean to be charged with a white collar crime? What is a white collar crime? How do you defend a white collar federal criminal case? Read on to learn more about the experienced team at Evergreen Attorneys and how they can defend you against white collar federal  federal criminal charges.

In the high-stakes world of business, not all crimes are violent or happen after midnight. Not all criminal charges come after a punch is thrown, a bank is robbed, or a gun is fired. Often times, federal charges are based on business misdeeds that involve millions of dollars instead of acts of violence.

These acts, known as white collar crimes, are typically nonviolent with the goal of financial gain. Although these illicit activities lack the physical aggression and brutality we often associate with crime, white collar crimes are still treated seriously by authorities and often carry severe punishments. Federal white collar crimes face exceptionally stiff penalties in court.

Consequences can range from paying hefty fines to serving life in prison; needless to say, if you find yourself being accused of any of the following federal white collar crimes, contact the office of Evergreen Attorneys for a free and completely confidential consultation.

Explanations and Examples of Common White Collar Crimes

Federal Bribery Law: 18 U.S.C. Section 201

Federal bribery laws will be the subject of their own lengthier blog post in the future. For now, here is the 10,000 foot overview.

In cases of bribery, an individual gives, receives, offers, or solicits something of value (e.g., money) with the aim to control and/or influence the actions and decisions of another person or entity. An example of bribery, which is oftentimes associated with politics, is a member of Congress accepting money or favors in return for their support of a certain policy. Federal bribery law imposes penalties for both actually making a bribe and for attempting to make a bribe. It also imposes penalties for the party making the bribe as well as the person receiving the bribe.

Section 201(b) prohibits bribing public officials in general. Essentially, you cannot offer anything of value to improperly influence an elected official or a public official to take a specified act. The United Supreme Court has significantly limited the scope of federal public official bribery law in recent years.

For example, in 2024, the U.S. Supreme Court handed down the Snyder decision which threw out criminal convictions for federal bribery. In 2022, the U.S. Supreme Court also narrowed a prosecution theory for bribery in the Percoco case. 

You need experienced federal criminal lawyers who are familiar with the evolving bribery law if you are facing one of these white collar federal bribery charges.

Cybercrime

While cybercrime is its own category of crime, it often overlaps with white collar criminal activity. Oftentimes, the internet is used to enable other types of crimes. The internet just makes white collar federal crimes easier to carry out.

One common statute that the white collar federal lawyers of Evergreen Attorneys run into is the Computer Fraud and Abuse Act. See 18 U.S.C. Section 1030. Generally speaking, the Computer Fraud and Abuse Act criminalizes the unauthorized use of a computer or computer system and the use of a system in a way that exceeds a user’s actual permissions. It is a broad statute that may be invoked in almost every federal criminal white collar prosecution in the 21st century.

With its ubiquity and continuous developments, technology (and more recently, artificial intelligence) is playing a growing role in committing white collar crimes. For instance, the internet can be used to more easily engage in fraud and money laundering, two forms of white collar crimes explained later on.

Embezzlement: 18 U.S.C. §  666(a)(1)(A)

When embezzlement occurs, a person, business, or other entity misappropriates or misuses assets that have been entrusted to them, usually for personal benefit. The United States Supreme Court has defined federal criminal embezzlement this way since 1897:

Embezzlement is the fraudulent appropriation of property by a person to whom such property has been entrusted, or into whose hands it has lawfully come. It differs from larceny in that the original taking was lawful, or with the consent of the owner, while in larceny the felonious intent must have existed at the time of the taking.

Moore v. United States, 160 U.S. 268, 269 (1895).

Money is not the only asset that can be embezzled; other property and goods/services can also be illicitly misused. For instance, an employee of a gun manufacturer contracted with the federal government who steals weapons parts to sell on the black market is engaging in a form of embezzlement. Federal embezzlement statute of limitations is generally five years. This means that any charges must be brought within 5 years of the crime taking place.

Federal embezzlement charges are incredibly serious and may carry up to decades in prison. Call the federal embezzlement lawyers at Evergreen Attorneys if you need help today.

Federal Wire Fraud: 18 U.S.C. Section 1343

Fraud (and wire fraud), are the most prevalent form of white collar crime, entails acquiring money or services through deceptive statements or promises. One of the most common charges is federal wire fraud. In those cases, the United States Attorney’s Office (the government) must prove four elements to obtain a conviction:

(1) that the defendant voluntarily and intentionally devised or participated in a scheme to defraud another out of money; (2) that the defendant did so with the intent to defraud; (3) that it was reasonably foreseeable that interstate wire communications would be used; and (4) that interstate wire communications were in fact used

See Ninth Circuit Model Jury Instructions. Wire fraud is a very scary charge because it carries up to a 20-year maximum prison sentence for each separate federal criminal charge. White collar lawyers must know the ins and outs of wire fraud defense because this charge is used daily in federal criminal court.

An important distinction to make in cases of fraud is whether the accused intentionally misled the victims or simply encountered failure in a legitimate business endeavor. Identity theft, credit/debit card fraud, tax fraud, and gift card scams, among others, fall under this category of white collar crime. Another specific type of fraud is Ponzi schemes. A Ponzi scheme is a fraudulent investment scam that attracts investors and pays returns to earlier investors using the funds from newer ones.

Federal Cryptocurrency Lawyers

With the growing use and popularity of cryptocurrencies, such as Bitcoin, the U.S. Securities and Exchange Commission’s (SEC) Office of Investor Education and Advocacy has published an alert titled, “Ponzi Schemes Using Virtual Currencies.” In this article, the SEC warns investors about the dangers of fake investments and transactions, in addition to the lack of regulatory oversight of these unconventional currencies.

Federal criminal defense lawyers for cryptocurrency need to be up to speed on the quickly evolving landscape of cryptocurrency. Does your federal criminal cryptocurrency lawyer read the news on Coindesk every day like Evergreen Attorneys? What does your federal criminal cryptocurrency lawyer think of the Gotbit prosecution? These are simple questions you should ask when screening a federal criminal defense attorney for your cryptocurrency case.

The use of cryptocurrencies for improper purposes comes up time and again in recent years. For example, the Government has even started sting-cryptocurrency operations to go after initial coin offerings. The experienced white collar lawyers at Evergreen Attorneys have hands on experience defending cryptocurrency traders and organizers.

Federal Insider Trading Criminal Defense

Insider trading refers to the buying or selling of a public company’s stock or other securities using confidential, material information that is not publicly available. There are, however, completely legal instances of insider trading, though they must abide by the rules and regulations held by the SEC. According to the SEC, an insider is considered “an officer, director, 10% stockholder and anyone who possesses inside information because of his or her relationship with the Company or with an officer, director or principal stockholder of the Company.”

This practice becomes illegal, however, when it involves “the buying or selling a security, in breach of a fiduciary duty or other relationship of trust and confidence, based on material, nonpublic information about the security.” For example, a CEO cannot legally sell their company shares before publicly announcing the business has suffered a tremendous financial blow. In tipper-tippee insider trading, one individual shares confidential information with another person, who subsequently trades based on that information.

Again, there are entire books written on this subject and we will detail more of this later on parts of our website. Needless to say, the white collar defense attorneys at Evergreen Attorneys are ready to clear your good name if you face insider trading charges.

Money Laundering: Federal Defense Lawyers

In cases of money laundering, the origins of illegally obtained assets are hidden, typically involving a complicated series of banking transfers or business transactions. The goal of a money laundering operation is to convert the profits from their illegal activities (“dirty money”) into funds that appear to have a legitimate origin (“clean money”). If successful, this process legitimizes the proceeds while allowing the criminals to retain control over them.

Money laundering will have a much longer post on our website in the future. Here are some of the basics.

Modern-day money laundering is thought to have originated in the 1920s during the prohibition era in the U.S. Although alcohol was outlawed, Americans were still determined to get their fix, and organized crime soared to meet this demand. It is thought that the infamous Al Capone coined the phrase “money laundering.” In Chicago, he established laundromats throughout the city to mask the source of the money earned from alcohol sales. Any illegal profits would be integrated into the revenue from the laundromats, effectively reinserting them into the financial system.

These are just some of the white collar crimes that you often see prosecuted in the federal criminal system. Federal criminal white collar attorneys need to stay up to date on case law, new statutes passed by Congress, and current economic trends (like cryptocurrency) to stay one step ahead of the federal government.

Who is Involved in White Collar Crimes?

A wide range of people may find themselves being accused of white collar crimes. Most commonly, we think of CEOs, CFOs, and other corporate executives, politicians, accountants, and financial professionals. Any professional, however, can be involved in these illegal activities, including small business owners and healthcare providers. Consumers, businesses, individuals, investors, and government institutions can all be victims of white collar crimes.

What Are the Penalties of White Collar Crimes?

As previously mentioned, the punishments assigned to those found guilty of committing white collar crimes can be incredibly severe. In addition to expensive fines and long prison sentences, convicted white collar criminals may be placed under house arrest or community confinement, pay restitution to victims, lose their professional licenses, or be subject to forfeitures (government confiscation of assets associated with illegal activities).

What Do White Collar Criminal Lawyers Do?

A white collar criminal lawyer defends clients facing white collar criminal charges, including those acts explained previously (though the above list is not exhaustive). By using their legal expertise and knowledge of relevant regulations/laws, conducting investigations to compile evidence and gather a strong defense, and appearing in court for trial, these criminal lawyers represent individuals in precarious situations.

What Should I Do if I’ve Been Accused of a White Collar Crime?

While no criminal accusation should be taken lightly, those pertaining to illegal white collar activities should especially be handled swiftly and carefully. The potential consequences on one’s livelihood, reputation, and career can be permanent and severe.

If you have been accused or charged of such a crime, we encourage you to immediately contact our skilled team at Evergreen Attorneys. Having been involved in numerous significant federal criminal cases as part of national defense teams, our firm has the first-hand knowledge and expertise needed to successfully fight on your behalf.

Evergreen Attorneys’ own Zachary Newland was involved in the defense of Bernard Madoff, a man accused of the largest Ponzi scheme in history. And though your case may not be as infamous as Mr. Madoff’s, it’s still important to know what you can expect after you’ve been charged with a white collar crime.

What Happens After I’ve Been Accused of a White Collar Crime?

Depending on your location, the type(s) of white collar crime you’ve been accused of, the crime’s severity and complexity, and whether it was charged as a misdemeanor or felony, the penalties may vary. The legal process, however, typically remains the same. Here is what you can potentially expect:

1. Initial Contact and Investigation

If suspected of committing a white collar crime, you will likely be investigated by law enforcement agencies, such as the FBI (if it is a federal level crime). Additionally, you may be interviewed by law enforcement or be required to make an appearance in court. Never speak to the police, the FBI, the SEC, the DEA, or any other law enforcement officer without an attorney by your side.

2. Charges, Arrest, and Indictment

If enough appropriate evidence is gathered and a warrant is obtained, you may be arrested and officially charged with committing the investigated crime. After the arrest, an initial hearing is conducted, and a judge may agree to set bail.

3. Plea Bargain and Trial

Interestingly, according to the American Bar Association, 98% of federal cases and 95% of state cases are resolved through plea bargaining. A plea bargain presents an opportunity to settle a case outside of court and completely avoid a trial. Typically, a plea deal involves an agreement between a defendant and a prosecutor in which the defendant agrees to plead guilty to a lesser charge or to the original charge in exchange for a more lenient sentence (or other concessions). Not only does this process help to expedite the legal proceedings and reduce court caseloads, but it can provide the defendant with a more favorable outcome than if the case went to trial.

However, the 5-8% of cases not settled through plea bargaining proceeds to the trial stage. While a white collar criminal attorney is critical to your defense throughout this entire process, their skillset is especially vital during trial. It is during this time that the lawyer must meticulously and strongly defend your case.

Evergreen Attorneys pride ourselves on preparing every single case for trial from day one. Federal criminal white collar lawyers who fight for your rights need to always be prepared for trial.

4. Possible Consequences if Convicted

If convicted, as previously mentioned, legal punishments can include (among others):

• Fines
• Restitution
• House arrest
• Imprisonment

Why Should Evergreen Attorneys Defend me if I’m Charged with a White Collar Crime?

Our team at Evergreen Attorneys is committed to a client-first approach, understanding that each individual and case is unique and that a one-size-fits-all strategy won’t achieve the best results. With the potential devastating impact white-collar crime allegations can on your life, we diligently tailor our defense strategies to meet your specific needs. Trust our expertise to protect your rights and secure the most favorable outcome possible.

Contact the Lawyers at Evergreen Attorneys Today

The team at Evergreen Attorneys is well-equipped to provide guidance on how to best approach the federal white collar criminal defense. If you or a loved one are approaching the end of a sentence and need assistance with the reentry process or securing placement in a federal halfway house, contact us today at (303) 948-1489 or by email at [email protected].